Procurement Risk:
Critical
Score:
11/100
Government Policy
Q57
0/100
Does the country have legislation covering defence and security procurement with clauses specific to corruption risks, and are any items exempt from these laws?
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This indicator is not assigned a score in the GDI. According to Article 6 of Law N° 039 (2016), this Act does not apply…
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According to Article 6 of Law N° 039 (2016), this Act does not apply to contracts for works, supplies and services and public service…
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According to Article 6 of Law N° 039 (2016), this Act does not apply to contracts for works, supplies and services and public service…
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Q58
8/100
Is the defence procurement cycle process, from assessment of needs, through contract implementation and sign-off, all the way to asset disposal, disclosed to the public?
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According to Article 6 of Law N° 039 (2016), this Act does not apply to contracts for works, supplies and services and public service…
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According to Article 6 of Law N° 039 (2016), this Act does not apply to contracts for works, supplies and services and public service…
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A decree issued by the Council of Ministers specifies the rules that govern the acquisition of goods and services (1).
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Q59
8/100
Are defence procurement oversight mechanisms in place and are these oversight mechanisms active and transparent?
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Articles 84 and 127 of the Constitution provide the Parliament and the Supreme Audit Institution with the power to scrutinize government institutions, including the…
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The provisions of Article 6 (1) of Law No. 039, exclude some items from being publicized for national defence and security purposes, this does…
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The provisions of Article 6 (1) of Law No. 039, exclude some items from being publicized for national defence and security purposes, this does…
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Article 6 (1) of Law No. 039 (2016) states for defence and security purposes, the purchase of some military items are not made public.…
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Data on defence procurement and contracting is not released in the accessible format (1). In 2008, the government of Burkina Faso created the regulatory…
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Capability Gap and Requirements Definition
Q62
0/100
What procedures and standards are companies required to have – such as compliance programmes and business conduct programmes – in order to be able to bid for work for the Ministry of Defence or armed forces?
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Q63
8/100
Are procurement requirements derived from a national defence and security strategy, and are procurement decisions well-audited? Are defence purchases based on clearly identified and quantified requirements?
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There is very little evidence on if defence procurement requirements derive from a national defence and security strategy. However, according to the provisions of…
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There is no evidence that oversight institutions perform any scrutiny of the defence sector, as to whether its procurement requirements derive from the existing…
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Purchases are made outside the national strategy. For example, in May 2018, the government purchased 59 vehicles (1), which were not planned in the…
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Tender Solicitation, Assessment and Contract Award
Q64
13/100
Is defence procurement generally conducted as open competition or is there a significant element of single-sourcing (that is, without competition)?
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According to Article 23 (1) of Law No. 039, “public contracts on works, supplies, usual services, and delegations of public services, are made after…
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In Burkina Faso, Articles 84 and 127 of the Constitution give power to both the Parliament and the Supreme Audit Institution, to scrutinize defence…
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Q65
19/100
Are tender boards subject to regulations and codes of conduct and are their decisions subject to independent audit to ensure due process and fairness?
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According to Article 36 (1) & (2) of Decree No. 0049 (2017), “are not eligible to make a bid for public contracts and delegated…
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In Burkina Faso, audits are carried out by a sub-technical committee, which makes its report available for the main committee after the audit (Article…
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The ARCOP aims at regulating public procurement and contracting, by establishing and enhancing bidding rules and criteria, ensuring access to public contracts and promoting…
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Articles 100 and above of Decree No. 0049 (2017) contains a section about audits. Audits are expected to take place immediately after the deadline…
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Q66
8/100
Does the country have legislation in place to discourage and punish collusion between bidders for defence and security contracts?
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According to the Executive Secretary of the National Anti-Corruption Network (REN-LAC), “there is no legal framework available, which is specific to the defence sector…
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According to the Executive Secretary of the National Anti-Corruption Network (REN-LAC), “as there is no legal framework specific to the defence prohibiting collusion, then…
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Defence procurement for secret military expenditures is excluded from the provision of procurement laws. According to the Business Anti-Corruption Portal, enforcement of the law…
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This indicator has not been assigned a score due to insufficient information or evidence.
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Contract Delivery and In-Service Support
Q67
0/100
Are there mechanisms and procedures that ensure that contractors meet their obligations on reporting and delivery?
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After the offering of a public contract, both the Law N° 039 and the Decree N° 0049 (2017) list some requirements that the winning…
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According to Article 6 of Law N° 039 (2016) does not apply to contracts for works, supplies and services and public service delegations, where…
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Article 6 of Law N° 039 (2016) does not apply to contracts for works, supplies and services and public service delegations, where they relate…
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Article 6 of Law N° 039 (2016) does not apply to contracts for works, supplies and services and public service delegations, where they relate…
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Q68
33/100
Are there mechanisms in place to allow companies to complain about perceived malpractice in procurement, and are companies protected from discrimination when they use these mechanisms?
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Article 6 of Law N° 039 (2016) does not apply to contracts for works, supplies and services and public service delegations, where they relate…
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Article 6 of Law N° 039 (2016) does not apply to contracts for works, supplies and services and public service delegations, where they relate…
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Corruption is widespread in Burkina Faso, and according to the United States Department of State (2017), “local NGOs criticized what they called the overwhelming…
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Law N° 039 (2016) is the legal framework for public procurement and contracting in Burkina Faso (1). It is complemented by Decree N° 0049…
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Again, the legislation on public procurement is available, and it provides the contracting authority with the power to apply sanction where necessary. However, the…
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Most offences to public procurement regulations rarely result in real sanctions, and often offences to procurement regulation in the defence sector remain unknown (3).…
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Offset Contracts
Q70
0/100
When negotiating offset contracts, does the government specifically address corruption risk by imposing anti-corruption due diligence on contractors and third parties?
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While the United State Department of State confirms the existence of offset contracts in Burkina Faso, the practice remains informal. The procurement legislation does…
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There is no evidence that the government follows up the implementation of offset contracts, nor that it performs audits of benefits or integrity in…
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While the United State Department of State confirms the existence of offset contracts in Burkina Faso, the practice remains informal. The procurement legislation does…
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In absence of any law, policy or procedure applying to offset contracts, the government of Burkina Faso does not reveal information about offset contracts,…
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Again, there is not a legislation, policy or procedure for offset contracts. Foreign suppliers can have their bids approved no matter they invest in…
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According to the United States Department of State (2013), “the GOBF does not impose “offset” requirements, which dictate that major procurements be approved only…
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The lack of legislation, specific policies or procedures organizing offset contracts, makes it difficult to ascertain whether they are open to competition. However, the…
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Agents / Brokers
Q73
25/100
How strongly does the government control the company’s use of agents and intermediaries in the procurement cycle?
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ControlRisk (2016) writes, “the compliance risks associated with third parties have always been important because so many international corruption cases involve bribes paid by…
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Because there are no controls over the use of agents and intermediaries, this indicator has been marked Not Applicable.
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Financing Package
Q74
0/100
Are the principal aspects of the financing package surrounding major arms deals, (such as payment timelines, interest rates, commercial loans or export credit agreements) made publicly available prior to the signing of contracts?
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Most defence purchases are made through single-sourced procurement contracts, which raises many concerns on transparency, democratic oversight, value for money, and corruption risks (2).…
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Seller Influence
Q75
NS/100
How common is it for defence acquisition decisions to be based on political influence by selling nations?
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This indicator is not assigned a score in the GDI. Given the current security context of Burkina Faso, it is believed that defence acquisition…
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This indicator is not assigned a score in the GDI. According to Diallo (2017), the defence minister said that “money granted through the Law…
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This indicator is not assigned a score in the GDI. Some defence acquisitions likely result from domestic political pressures. With the country being the…
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